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Trade Secret & Corporate Information Protection "Excellent client service and top-quality work product."
– Chambers Asia-Pacific 2019

Overview

Trade secret disputes can arise in a number of different ways.  A dispute may arise when a party obtains a competitor’s trade secrets through various sources including existing clients or suppliers, transfer of proprietary information by a former employee when changing employers or violation of non-compete clauses.  Other causes include breach of confidentiality clauses in licensing, supply, development or non-disclosure agreements.

Our experienced attorneys and patent attorneys of the Trade Secret & Corporate Information Protection Practice have substantial expertise in relevant technology areas and are well positioned to address these issues.  Our Practice is also equipped with security and forensics experts who add further insight and value to our client’s strategic needs in addition to legal expertise.

Key Servicesshow

Civil, Criminal and Administrative Trade Secret Disputes
  • Handle and respond to civil suits related to trade secret disputes involving injunction and damages claims.
  • Handle and respond to criminal matters related to trade secret/industrial technology violations including evidence analysis, digital forensics, investigation and litigation.
  • Handle and respond to administrative lawsuits related to trade secret disputes, including actions brought by the Korea Trade Commission.
  • Issue and respond to warning letters as well as manage dispute resolution negotiations.
  • Mediate disputes between companies.

 

Hiring Competitor’s Former Employees and Departure of Key Officers and Employees
  • Consult with executives on staff management processes for employee recruitment, tenure and resignation.
  • Handle and respond to disputes related to employees’ former occupation, competitive business and violation of confidentiality obligations.

 

Trade Secret Protection Consulting
  • Evaluate and advise on reestablishment, examination and reinforcement of trade secret management systems.
  • Advise on preparation, modification and supplementation of internal regulations and Korean law-compliant consent forms.
  • Counsel on preparation for security inspections including mock audits and technical diagnostic services.
  • Advise on preparation for security issues including prevention of overseas technology outflow and management of executives and staff. 
  • Counsel on dealing with unintentional acquisition of other companies’ trade secrets.
  • Provide training on trade secrets for executives and staff including employment manuals and risk reduction guidelines. 

 

Export Control Issues

Advise on export control issues (export of strategic materials or technology, export of national core technology, etc.).
Advise on procedures for reporting or obtaining approval from authorities. 

 

Trade Secret Agreements

Counsel on trade secret licensing and intellectual property rights, joint development, consignment production/development, non-disclosure agreements and countermeasures to disputes arising from contractual relations.

Key Experienceshow

The Trade Secret & Corporate Information Protection Practice has successfully advised major domestic and foreign clients in multiple fields including semiconductor, display, electric home appliance, materials for electronics, pharmaceutical, healthcare, high precision devices, automobile, IT and software programs.  Our Practice has handled some of the largest and most complicated leading trade secret cases in Korea.  

 

Our Practice successfully assists clients by resolving disputes and advising on a variety of issues related to trade secrets.  We have extensive experience representing many major overseas and domestic clients in some of the most significant trade secret disputes in recent years, including the following successful matters:

 

Trade Secret Disputes
  • Civil and criminal litigation against former employees of Company A and a competing company that misappropriated Company A’s plant technology and tried to start a new business using the technology.  We successfully prevented damages to Company A through legal actions.
  • In a matter where Company B's drawings relating to an electric train were misappropriated by a supplier to Company B, we successfully prevented damages to Company B and further infringement through criminal and civil actions. 
  • In a matter where Company C provided a product that was same or similar to technology licensed by a foreign company (Company D) and produced under the request of the licensee, we successfully defended Company C in an injunction action brought by Company D against Company C.
  • In a criminal action where defendants of Company E were accused of misappropriating semiconductor technology of a large Korean company, we successfully defended the indicted employees who were all eventually acquitted.
  • In a matter where a former officer misappropriated automobile parts technology when relocating to a foreign company, we successfully obtained an injunction and limited our client’s damages through successful criminal action.
  • In a trade secret dispute between Company F and its client, an employee of the client allegedly misappropriated Company F’s trade secrets.  We successfully defended the client against actions filed by Company F.
  • In a matter where a supplier alleged trade secret misappropriation by Company G to the supplier’s competitor, we successfully represented the supplier in criminal and Korea Fair Trade Commission actions.

 

Trade Secret Protection Consulting
  • Reviewed security systems and provided recommendations for protection against trade secret leakage.

  • Reviewed employee resignation process and provided recommendations for reducing risk of trade secret disclosure and loss of core manpower. 

  • Advised on risk management in hiring prospective employees from competing companies, including suggested revisions to recruitment manual.

  • Advised on risk management relating to unintentional inflow of trade secrets from customers and suppliers, including recommendations for implementing internal protection systems.

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